I believe the US Supreme Court recent decision in Lawrence vs Texas 2003 opens the door to the possibility of legalized prostitution. The decision struck down laws criminalizing private consensual sodomy based upon moral disapproval. While the court did not exactly carve out a "right" to engage in sodomy, it did establish that a homosexuals interest in "liberty" outweighed the states right to express moral disapproval through law. What is critical is that the conduct involved is private. Does it occur to you that an act of prostitution, between consenting adults, which occurs in a private residence wherein the participants where introduced via an internet web site which contains a reasonably comprehensive content disclaimer meets that legal standard set forth in Lawrence?
I would like to know if anyone out there agrees with me.
If so I would like to discuss this topic with in private. I would be interested to know if any know of an appellate attorney who would be interested in taking a case which challenged the prostitution laws in california
Thank you Adam Smith
I think there is a difference between "private" and "business". I think government has much more ability to regulate business than private activities.
Prostitution is a business (exchange of $ for services). It doesn't matter where it happens.
The courts have determined that the ability to regulate speech as it relates to an exotic dancers constitutional right to convey an erotic message is limited to the furtherance of a rationally related vital interest, vis a vis elliminating obscenity. This is why strip clubs are protected. The states ability to regulate a business is not absolute. It can only do so to the extent that regulation furthers a legitimate state interest. When it comes to private internet based prostitution, the states interest is moot because there is no legitimate arguement that internet based prostitution is a public nuisance.